There are many reasons as to why spouses may choose to end their marriage. Divorces can sometimes be caused by a breakdown of the marriage. However, it is also possible for a divorce to be the result of marital misconduct. This can include situations of adultery. When a couple is going through a divorce due to adultery, spouses may wonder if this can impact their divorce proceedings at all. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for assistance with your case. 

What are Grounds for Divorce?

When going through a divorce in New Jersey, spouses can cite either “fault” or “no-fault” grounds as reasoning for their divorce. In the event of physical separation for 18 consecutive months or more, or irreconcilable differences for at least a year, spouses may cite no-fault grounds. On the other hand, fault grounds can be filed when a spouse commits certain marital misconduct. This can include adultery. 

Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?

When a spouse commits adultery, neither party in the marriage is required to cite fault grounds in their divorce. In these situations, spouses sometimes realize that their marriage is ending and choose to cite no-fault divorce instead of going through a legal battle to prove fault. They may also choose to take part in various alternative methods such as mediation, arbitration, or collaborative divorce. This allows them privacy, as the grounds cited for divorce can be public record.

Can Adultery Impact Divorce Proceedings?

There are many different factors that go into the determinations of divorce proceedings. The following are a few ways adultery may impact this:

  • Division of Assets: The equitable distribution of marital property is not impacted by a fault or no-fault divorce.
  • Alimony and spousal support: A spouse who committed adultery may be awarded less alimony or be required to pay more in alimony. 
  • Child custody: Marital misconduct may impact custody if the misconduct was potentially harmful to the child. 
  • Child support: Adultery could possibly impact child support through a trickle down effect after receiving less parenting time due to the child custody agreement.

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.